Terms and Conditions
Navia Terms and Conditions
Last Updated: November 2024
1. Definitions
- “Account”: A unique account created for you to access our Services.
- “Confidential Information”: Non-public information disclosed by one party to the other that is marked as confidential or reasonably understood to be so.
- “Customer” (also referred to as “you” or “your”): Any individual or entity that purchases or uses our Services.
- “Customer Data”: Data, content, files, or information that the Customer creates, uploads, or transmits using the Services.
- “Intellectual Property Rights”: All intellectual property rights, including but not limited to patents, trademarks, copyrights, and trade secrets.
- “Services”: The software, applications, website, and related services provided by Navia.
- “Subscription”: Access to Services on a subscription basis by Navia.
- “User”: An individual authorized by the Customer to use the Services.
- “Website”: Navia’s website at [Insert Website URL].
2. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, do not use our Services.
3. Eligibility
3.1. You must be at least 18 years old to use our Services.
3.2. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms.
4. Account Registration and Security
4.1. Account Creation: Register for an Account to access certain features, providing accurate and complete information.
4.2. Account Responsibility: You are responsible for maintaining the confidentiality of your Account credentials and for all activities under your Account.
4.3. Notification of Unauthorized Use: Notify us immediately of any unauthorized use of your Account or other security breaches.
4.4. Account Usage: Your Account is personal to you; do not share your credentials with others.
5. Services Description
Navia offers an AI-driven platform for online marketing, including (but not limited to):
- AI-assisted content creation
- Brand learning and personalization
- Market research and analytics
- Content scheduling and publishing tools
6. Use of Services
6.1. License Grant: We grant you a non-exclusive, non-transferable, revocable license to use our Services as per these Terms.
6.2. Prohibited Uses: You agree not to:
- Violate laws or regulations.
- Infringe upon Intellectual Property Rights.
- Transmit harmful, illegal, or offensive content.
- Upload viruses or malicious code.
- Gain unauthorized access to our systems or networks.
- Send spam, unsolicited messages, or engage in phishing.
- Misrepresent your identity or affiliation.
7. User Content and Data
7.1. Ownership: You retain all rights to your Customer Data.
7.2. License to Navia: By submitting Customer Data, you grant Navia a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Customer Data solely to provide and improve the Services.
7.3. Responsibility: You are solely responsible for the legality, reliability, and appropriateness of your Customer Data.
7.4. Data Backup: While we take reasonable steps to protect Customer Data, you are responsible for backing up your data.
8. Intellectual Property Rights
8.1. Navia’s Intellectual Property: All rights, title, and interest in and to the Services, including software, logos, trademarks, and content, are owned by Navia or its licensors.
8.2. Restrictions: You shall not copy, modify, create derivative works, reverse engineer, or attempt to extract source code from the Services.
9. Confidentiality
9.1. Obligations: Both parties agree to protect Confidential Information with the same care as their own confidential information and to only use it as necessary under these Terms.
9.2. Exceptions: Confidential Information excludes information that is publicly available, known prior to disclosure, independently developed, or required to be disclosed by law.
10. Privacy Policy
Our Privacy Policy [Insert Link] explains how we collect, use, and protect your information. By using our Services, you consent to our data practices.
11. Payment Terms
11.1. Subscription Fees: Access to certain features of our Services requires payment as described on our Website.
11.2. Billing and Payment: Subscription fees are billed in advance based on your chosen plan, and you authorize us to charge fees to your payment method.
11.3. Changes to Fees: We reserve the right to change subscription fees with reasonable notice.
11.4. Refunds: Fees are non-refundable, except as required by law.
11.5. Late Payments: Failure to pay may result in suspension or termination of your Account.
12. Term and Termination
12.1. Term: These Terms begin when you first use the Services and continue until terminated as set forth here.
12.2. Termination by You: You may terminate your Subscription anytime via Account settings or by contacting us; termination is effective at the end of the billing cycle.
12.3. Termination by Navia: We may suspend or terminate your access for violation of these Terms or any other reason at our sole discretion.
12.4. Effect of Termination: Upon termination, your right to use the Services ceases, and provisions meant to survive termination will continue.
13. Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind. We do not guarantee uninterrupted, error-free, or secure Services, nor the accuracy or completeness of information provided. All warranties, express or implied, are disclaimed.
14. Limitation of Liability
To the fullest extent permitted by law, Navia shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. Navia’s total liability for claims related to these Terms will not exceed the amount you paid to us in the twelve (12) months preceding the claim.
15. Indemnification
You agree to indemnify and hold Navia, its affiliates, officers, and agents harmless from claims, liabilities, damages, losses, and expenses arising out of your use of the Services, violation of these Terms, or infringement of Intellectual Property Rights.
16. Acceptable Use Policy
16.1. Prohibited Content: You agree not to post or share content that is unlawful, harmful, defamatory, infringing, or misleading.
16.2. Enforcement: We may investigate and take appropriate action, including removing content and suspending or terminating Accounts, for violations of this policy.
17. AI Tools and Content
17.1. Responsible Use: Use our AI tools responsibly and ethically; do not use them to create harmful or illegal content.
17.2. Ownership of AI-Generated Content: You own AI-generated content based on your inputs, subject to these Terms and applicable laws.
17.3. Disclaimers: AI-generated content may not always be accurate or appropriate. You are responsible for ensuring compliance with laws.
18. Data Compliance
Navia complies with applicable data protection laws. By using our Services, you agree to Navia processing Customer Data per our Privacy Policy and applicable regulations.
19. Changes to Services and Terms
19.1. Modifications to Services: We may modify or discontinue the Services or any part thereof without notice.
19.2. Changes to Terms: We may update these Terms from time to time. If material changes occur, we will notify you. Your continued use constitutes acceptance.
20. Governing Law
These Terms are governed by the laws of United States, without regard to conflict of law principles.
21. Dispute Resolution
21.1. Informal Resolution: Attempt to resolve disputes informally before initiating legal action.
21.2. Arbitration: Disputes are resolved through binding arbitration in [Insert Location] under the rules of [Insert Arbitration Institution], except matters eligible for small claims court.
22. Miscellaneous
23.1. Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement.
23.2. Assignment: You may not transfer rights or obligations without written consent.
23.3. Severability: If any provision is invalid, remaining terms continue in force.
23.4. Waiver: Failure to enforce any provision does not waive rights.
23.5. Force Majeure: We are not liable for failure to perform due to causes beyond our control.
23. Contact Information
For questions about these Terms:
- Email: hello@thenavia.com
Navia Terms and Conditions
Last Updated: November 2024
1. Definitions
- “Account”: A unique account created for you to access our Services.
- “Confidential Information”: Non-public information disclosed by one party to the other that is marked as confidential or reasonably understood to be so.
- “Customer” (also referred to as “you” or “your”): Any individual or entity that purchases or uses our Services.
- “Customer Data”: Data, content, files, or information that the Customer creates, uploads, or transmits using the Services.
- “Intellectual Property Rights”: All intellectual property rights, including but not limited to patents, trademarks, copyrights, and trade secrets.
- “Services”: The software, applications, website, and related services provided by Navia.
- “Subscription”: Access to Services on a subscription basis by Navia.
- “User”: An individual authorized by the Customer to use the Services.
- “Website”: Navia’s website at [Insert Website URL].
2. Acceptance of Terms
By accessing or using our Services, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, do not use our Services.
3. Eligibility
3.1. You must be at least 18 years old to use our Services.
3.2. By using our Services, you represent and warrant that you have the legal capacity to enter into these Terms.
4. Account Registration and Security
4.1. Account Creation: Register for an Account to access certain features, providing accurate and complete information.
4.2. Account Responsibility: You are responsible for maintaining the confidentiality of your Account credentials and for all activities under your Account.
4.3. Notification of Unauthorized Use: Notify us immediately of any unauthorized use of your Account or other security breaches.
4.4. Account Usage: Your Account is personal to you; do not share your credentials with others.
5. Services Description
Navia offers an AI-driven platform for online marketing, including (but not limited to):
- AI-assisted content creation
- Brand learning and personalization
- Market research and analytics
- Content scheduling and publishing tools
6. Use of Services
6.1. License Grant: We grant you a non-exclusive, non-transferable, revocable license to use our Services as per these Terms.
6.2. Prohibited Uses: You agree not to:
- Violate laws or regulations.
- Infringe upon Intellectual Property Rights.
- Transmit harmful, illegal, or offensive content.
- Upload viruses or malicious code.
- Gain unauthorized access to our systems or networks.
- Send spam, unsolicited messages, or engage in phishing.
- Misrepresent your identity or affiliation.
7. User Content and Data
7.1. Ownership: You retain all rights to your Customer Data.
7.2. License to Navia: By submitting Customer Data, you grant Navia a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Customer Data solely to provide and improve the Services.
7.3. Responsibility: You are solely responsible for the legality, reliability, and appropriateness of your Customer Data.
7.4. Data Backup: While we take reasonable steps to protect Customer Data, you are responsible for backing up your data.
8. Intellectual Property Rights
8.1. Navia’s Intellectual Property: All rights, title, and interest in and to the Services, including software, logos, trademarks, and content, are owned by Navia or its licensors.
8.2. Restrictions: You shall not copy, modify, create derivative works, reverse engineer, or attempt to extract source code from the Services.
9. Confidentiality
9.1. Obligations: Both parties agree to protect Confidential Information with the same care as their own confidential information and to only use it as necessary under these Terms.
9.2. Exceptions: Confidential Information excludes information that is publicly available, known prior to disclosure, independently developed, or required to be disclosed by law.
10. Privacy Policy
Our Privacy Policy [Insert Link] explains how we collect, use, and protect your information. By using our Services, you consent to our data practices.
11. Payment Terms
11.1. Subscription Fees: Access to certain features of our Services requires payment as described on our Website.
11.2. Billing and Payment: Subscription fees are billed in advance based on your chosen plan, and you authorize us to charge fees to your payment method.
11.3. Changes to Fees: We reserve the right to change subscription fees with reasonable notice.
11.4. Refunds: Fees are non-refundable, except as required by law.
11.5. Late Payments: Failure to pay may result in suspension or termination of your Account.
12. Term and Termination
12.1. Term: These Terms begin when you first use the Services and continue until terminated as set forth here.
12.2. Termination by You: You may terminate your Subscription anytime via Account settings or by contacting us; termination is effective at the end of the billing cycle.
12.3. Termination by Navia: We may suspend or terminate your access for violation of these Terms or any other reason at our sole discretion.
12.4. Effect of Termination: Upon termination, your right to use the Services ceases, and provisions meant to survive termination will continue.
13. Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind. We do not guarantee uninterrupted, error-free, or secure Services, nor the accuracy or completeness of information provided. All warranties, express or implied, are disclaimed.
14. Limitation of Liability
To the fullest extent permitted by law, Navia shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill. Navia’s total liability for claims related to these Terms will not exceed the amount you paid to us in the twelve (12) months preceding the claim.
15. Indemnification
You agree to indemnify and hold Navia, its affiliates, officers, and agents harmless from claims, liabilities, damages, losses, and expenses arising out of your use of the Services, violation of these Terms, or infringement of Intellectual Property Rights.
16. Acceptable Use Policy
16.1. Prohibited Content: You agree not to post or share content that is unlawful, harmful, defamatory, infringing, or misleading.
16.2. Enforcement: We may investigate and take appropriate action, including removing content and suspending or terminating Accounts, for violations of this policy.
17. AI Tools and Content
17.1. Responsible Use: Use our AI tools responsibly and ethically; do not use them to create harmful or illegal content.
17.2. Ownership of AI-Generated Content: You own AI-generated content based on your inputs, subject to these Terms and applicable laws.
17.3. Disclaimers: AI-generated content may not always be accurate or appropriate. You are responsible for ensuring compliance with laws.
18. Data Compliance
Navia complies with applicable data protection laws. By using our Services, you agree to Navia processing Customer Data per our Privacy Policy and applicable regulations.
19. Changes to Services and Terms
19.1. Modifications to Services: We may modify or discontinue the Services or any part thereof without notice.
19.2. Changes to Terms: We may update these Terms from time to time. If material changes occur, we will notify you. Your continued use constitutes acceptance.
20. Governing Law
These Terms are governed by the laws of United States, without regard to conflict of law principles.
21. Dispute Resolution
21.1. Informal Resolution: Attempt to resolve disputes informally before initiating legal action.
21.2. Arbitration: Disputes are resolved through binding arbitration in [Insert Location] under the rules of [Insert Arbitration Institution], except matters eligible for small claims court.
22. Miscellaneous
23.1. Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement.
23.2. Assignment: You may not transfer rights or obligations without written consent.
23.3. Severability: If any provision is invalid, remaining terms continue in force.
23.4. Waiver: Failure to enforce any provision does not waive rights.
23.5. Force Majeure: We are not liable for failure to perform due to causes beyond our control.
23. Contact Information
For questions about these Terms:
- Email: hello@thenavia.com